Building a Fence Around One's Roof: Difference between revisions

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==Other Things==
==Other Things==
# If one has a pit in one's property one must erect a fence of ten [[Tefachim]] around it or cover it up so that someone doesn't fall in.<ref>Kitzur Shulchan Aruch 190:1</ref>
# If one has a pit in one's property one must erect a fence of ten [[Tefachim]] around it or cover it up so that someone doesn't fall in.<ref>Kitzur Shulchan Aruch 190:1</ref>
# Some say that a window that can be opened and is situated less than ten [[Tefachim]] from the floor requires a fence outside of it,<ref>[http://www.otzar.org/wotzar/book.aspx?155405&pageid=P0034 Emek Beracha page 34], [https://www.yutorah.org/lectures/lecture.cfm/906667/rabbi-hershel-schachter/bava-kamma-6-nizkei-avadim-bor-meinekes-maakah-peshia-ones-ones-gamur-garmi-rav-tendler-s-class-rav-shteinman-stories/ Rav Hershel Schachter (Bava Kamma 5778-9 #6)]</ref>, as a child could innocently open the window and fall out. Although others disagree Halachically, they agree that one should for safety reasons. install a fence of some sort without a Bracha.<ref>Shu"t Teshuvot veHanhagot vol. 1 Siman 648</ref> Moreover, some say that glass itself can never be used for a fence,<ref>[http://www.otzar.org/wotzar/book.aspx?155405&pageid=P0034 Emek Beracha page 34]</ref> as it doesn't fulfill the Rambam's definition of being able to sustain the pressure of someone leaning on it, but others disagree, since thick glass walls do fit that definition.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=337 Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2], Aruch HaMishpat Siman 427 page 32</ref>
==Beracha==
==Beracha==
# The beracha of Asher Kidshanu Bimitzvotav Vitzivanu Laasot [[Maakeh]] is recited when building the fence. <ref> Rambam [[Berachot]] 11:8 </ref>  
# The beracha of Asher Kidshanu Bimitzvotav Vitzivanu Laasot [[Maakeh]] is recited when building the fence. <ref> Rambam [[Berachot]] 11:8 </ref>  

Revision as of 17:06, 4 September 2018

Obligation

  1. There is a positive Torah command to build a fence on the roof of a house that’s used for living.[1]
  2. The fence on the roof must be ten Tefachim (86 centimeters) and strong enough so it would prevent someone from falling. [2]

Which Roofs?

  1. Any flat roof requires a maakeh (a three-foot wall to keep people from falling off), even if people only walk on the roof occasionally. [3] A roof that is not used does not need a roof.[4]
  2. Shuls and Batei Midrash are exempt from putting a fence on the roof since these buildings aren’t meant for living. [5]
  3. Some say that there’s no obligation for a slanted roof. [6]
  4. A building used for storage or animals doesn’t require a fence on the roof. [7]

Other Things

  1. If one has a pit in one's property one must erect a fence of ten Tefachim around it or cover it up so that someone doesn't fall in.[8]
  2. Some say that a window that can be opened and is situated less than ten Tefachim from the floor requires a fence outside of it,[9], as a child could innocently open the window and fall out. Although others disagree Halachically, they agree that one should for safety reasons. install a fence of some sort without a Bracha.[10] Moreover, some say that glass itself can never be used for a fence,[11] as it doesn't fulfill the Rambam's definition of being able to sustain the pressure of someone leaning on it, but others disagree, since thick glass walls do fit that definition.[12]

Beracha

  1. The beracha of Asher Kidshanu Bimitzvotav Vitzivanu Laasot Maakeh is recited when building the fence. [13]

Links

Sources

  1. ↑ Based on the pasuk Devarim 22:8 כִּ֤י תִבְנֶה֙ בַּ֣יִת חָדָ֔שׁ וְעָשִׂ֥יתָ מַעֲקֶ֖ה לְגַגֶּ֑ךָ, Sefer Hachinnuch 546, Rambam Sefer Hamitzvot Aseh 184, Sefer HaMitzvot Hakatzar of the Chofetz Chaim 77, Kitzur S"A 190:1
  2. ↑ S”A C”M 427:5, Kitzur Shulchan Aruch 190:1
  3. ↑ Sh"t Rivivot Ephraim 1:35
  4. ↑ Kitzur S"A 190:1
  5. ↑ S”A C”M 427:3 based on gemara chullin 136a
  6. ↑ See Mishneh Halachot 4:243, Yalkut Yosef (Chupah VeKiddushin pg 669)
  7. ↑ S”A C”M 427:1, Kitzur Shulchan Aruch 190:1
  8. ↑ Kitzur Shulchan Aruch 190:1
  9. ↑ Emek Beracha page 34, Rav Hershel Schachter (Bava Kamma 5778-9 #6)
  10. ↑ Shu"t Teshuvot veHanhagot vol. 1 Siman 648
  11. ↑ Emek Beracha page 34
  12. ↑ Shu"t Machazeh Eliyahu vol. 1 Siman 121:1-2, Aruch HaMishpat Siman 427 page 32
  13. ↑ Rambam Berachot 11:8
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